Dear Eileen,
I am constantly amazed by the thoughtlessness of some neighbors. It’s important to note that bad behavior might not always be illegal, but in this particular case, I believe you have every right to pursue legal action if you so desire.
Chlorine, if not adequately diluted, can indeed be harmful to plants, including lawns.
Furthermore, and not to alarm you, chlorine has the ability to seep into concrete and corrode any steel structures within. This means it could have a negative impact on the integrity of concrete structures like garages and exterior steps.
The first course of action to consider is exploring the possibility of criminal damage under the Criminal Damage Act of 1971.
For criminal actions, there is usually a requirement of intent, but in the case of criminal damage, it can also be deemed as “reckless” when someone knows there is a risk and it is unreasonable to take that risk in the given circumstances.
In your situation, this would involve Mr. Big House knowing there was a risk of your garden flooding if he discharged his swimming pool water in your direction (which seems fairly obvious), and it was unreasonable for him to take that risk (especially considering the outcome and the fact that he directed the water towards your property).
Therefore, it may be worth asking the police to speak with him regarding these grounds. Having a log of the incident kept by the fire service would greatly assist in this matter. Request your friendly firemen to provide you with that log and pass it on to the police. This log serves as contemporaneous evidence of what occurred, when it happened, and who was responsible.
If the police decide to pursue this, justice may be served through their intervention. Furthermore, it would strengthen your case if you decide to initiate a civil claim.
However, it’s important to consider the potential costs associated with pursuing a civil claim. To safeguard your position in this regard, check if your home insurance policy covers legal expenses.
If it does, you should be able to obtain indemnity for the costs involved in exploring the case against Mr. Big House. Your policy will cover these costs, giving you a significant tactical advantage over any opponent who has to pay their own expenses.
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